The Court of Appeals of Georgia stated in its December 4, 2023 opinion: “The central question in this appeal is whether a professional negligence action alleging breach of the standard of care by a chiropractor is subject to the five-year statute of repose applicable to actions for medical malpractice. For the reasons discussed below, we answer that question in the affirmative.”
Background Facts
On August 7, 2012, Dr. Fuller performed a chiropractic adjustment or manipulation of Mrs. Threadgill’s spine, and Dr. Odom performed a chiropractic adjustment or manipulation of her spine the following day. As a result of these spinal adjustments or manipulations, Mrs. Threadgill allegedly suffered severe, permanent injuries to her spinal cord and discs.
On August 6, 2014, Mrs. Threadgill and her husband, Charles Threadgill, sued Drs. Fuller and Odom and Fuller Life, alleging that the defendant chiropractors provided negligent chiropractic care and treatment to Mrs. Threadgill on August 7 and 8, 2012, and that their negligence caused her spinal cord and disc injuries.
The Threadgills voluntarily dismissed their action without prejudice on August15, 2017. On February 14, 2018, the Threadgills filed a renewal action against the defendants pursuant to OCGA§9-2-61. The allegations in the renewal complaint and attached expert affidavit were the same as those contained in the original complaint and affidavit.
Statute Of Repose
The phrase “action for medical malpractice” as used in the statute of repose is defined in OCGA §9-3-70:
“As used in this article, the term “action for medical malpractice” means any claim for damages resulting from the death of or injury to any person arising out of: (1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of the lawfully authorized person; or (2) Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.”
The Court of Appeals of Georgia stated: “By the plain language of these statutes, the five-year statute of repose encompasses claims for damages resulting from injury to a plaintiff arising out of “[h]ealth. . . treatment[ ] or care” provided by a person authorized by law to perform such service. And we conclude that professional negligence claims against chiropractors for injuries arising from their treatment and care of their patients fit within that statutory definition.”
“Georgia law defines chiropractic as a “healing art[ ] ”aimed at “ the restoration and maintenance of health,” OCGA § 43-9-1(2) … Given the statutory definition of “chiropractic” and the scope of practice afforded to chiropractors, we conclude that chiropractors are authorized under Georgia law to provide “[h]ealth . . . treatment[ ] [and] care” to their patients, such that an action alleging professional negligence against a chiropractor meets the definition of an “action for medical malpractice” set forth in OCGA §9-3-70(1).”
Fuller Life Chiropractic Center, P. C. v. Threadgill, A23A1225.
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